Google, Viacom settle landmark YouTube lawsuit
The case tested the reach of the federal Digital Millennium Copyright Act, a 1998 law that made it illegal to produce technology to circumvent anti-piracy measures, but limited liability of online service providers for copyright infringement by users.
In his April 2013 ruling, Stanton had concluded that Google and YouTube were protected from Viacom's copyright claims by "safe harbor" provisions in the law.
The judge rejected what he called Viacom's "ingenious" yet "extravagant" argument that YouTube should monitor the content of videos being uploaded at a rate of more than 24 hours of viewing time per minute.
Viacom, Google Bury the Hatchet Over YouTube
Settlement of Seven-Year Copyright Litigation Could Lead to Partnerships
Viacom brought the case in 2007, alleging that YouTube had infringed on its copyrights by allowing users to post nearly 160,000 unauthorized clips of Viacom programming from TV networks such as MTV and Comedy Central. The entertainment company sought $1 billion in damages.
But over the past few years, a federal judge in New York twice ruled against Viacom, most recently last April, when the judge ruled that the burden was on Viacom to prove that YouTube was aware of specific infringements of works in the suit. The matter was due to go back to the appeals court next Monday.
Still, Viacom had already achieved some of what it wanted. Several years ago, Google adopted a filtering technology, "Content ID," that detects copyrighted works on YouTube and lets media companies decide if they want it removed.
Over 5,000 content-creators are using Content ID, Google says. Media companies also can use Content ID to make money off their content by selling ads against video that appears. Viacom so far has chosen to remove unauthorized content and isn't selling ads on YouTube.
hosting companies are not responsible for what users do, as long as they fix the issue when told about it
Last edited: